Armed Robbery under California Law

211.  Robbery is the felonious taking of personal property in the possession of 

another, from his person or immediate presence, and against his will, 

accomplished by means of force or fear.

212.  The fear mentioned in Section 211 may be either:

1. The fear of an unlawful injury to the person or property of the person robbed, 

or of any relative of his or member of his family;

or,

2. The fear of an immediate and unlawful injury to the person or property of 

anyone in the company of the person robbed at the time of the robbery.

212.5.  (a) Every robbery of any person who is performing his or her duties 

as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, 

or other vehicle, including a vehicle operated on stationary rails or on a 

track or rail suspended in the air, and used for the transportation of 

persons for hire, every robbery of any passenger which is perpetrated on 

any of these vehicles, and every robbery which is perpetrated in an inhabited 

dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation 

Code which is inhabited and designed for habitation, an inhabited floating home as

defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, 

a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited 

portion of any other building is robbery of the first degree.

(b) Every robbery of any person while using an automated teller machine or 

immediately after the person has used an automated teller machine and is 

in the vicinity of the automated teller machine is robbery of the first degree.

(c) All kinds of robbery other than those listed in subdivisions

(a) and (b) are of the second degree.